How do you ensure your Costa Rican will doesn’t conflict with your home country’s will?
Foreign nationals who purchase property in Costa Rica often believe their home country will automatically control their inheritance. But Costa Rica applies its own succession laws to any assets located within its borders. Many expats create a Costa Rican will to simplify probate here—yet unknowingly create contradictions with their home country’s will.
Conflicting wills can cause:
- probate delays
- competing executors
- uncertainty over which document controls
- challenges for heirs living abroad
- costly litigation in two jurisdictions
This guide explains how to ensure your Costa Rican will and your home country’s will work together, not against each other.
- Understand the Core Rule: Each Will Should Govern a Separate Jurisdiction
The safest estate planning strategy is:
✔ Your Costa Rican will governs only your Costa Rican assets
✔ Your home country’s will governs all assets outside Costa Rica
This avoids overlap.
For this to work, each document must explicitly state:
“This will governs only assets located in Costa Rica.”
And the foreign will should state:
“This will excludes any assets located in Costa Rica.”
Without this clarity, courts in either country may interpret the will too broadly.
- Why Separate Wills Are Safer Than One Global Will
A single global will may be valid in Costa Rica—but it creates complications:
- must be translated into Spanish
- must be apostilled or legalized
- must be filed in Costa Rican courts
- delays probate abroad
- increases risk of contradictory instructions
Two coordinated wills—one local, one foreign—are generally faster and safer.
- Key Clauses Your Costa Rican Will Must Include
To avoid conflict, your Costa Rican will should:
✔ Limit jurisdiction to Costa Rican assets
✔ Define those assets clearly (property, vehicles, bank accounts, shares, etc.)
✔ Name a Costa Rican executor (albacea)
✔ Reference but not duplicate your foreign will
✔ Avoid naming foreign executors unless they have local representation
✔ Use Costa Rican legal terms recognized by local courts
A well-drafted will states precisely what it does and what it does not cover.
- Key Clauses Your Home Country’s Will Must Include
Your foreign will should:
✔ Exclude Costa Rican assets explicitly
✔ Reference the existence of a Costa Rican will
✔ Avoid naming dispositions that affect Costa Rican property
✔ Ensure your executor understands how to coordinate with Costa Rican courts
✔ Avoid revocation language that cancels the Costa Rican will unintentionally
Many foreign wills contain a standard clause:
“I revoke all previously made wills.”
This can accidentally revoke your Costa Rican will unless modified.
- Ensure Both Wills Use Compatible Terminology
Different countries use different legal terminology:
- “Executor” vs “Albacea”
- “Estate” vs “Patrimonio”
- “Bequest” vs “Legado”
- “Probate” vs “Sucesorio”
Inconsistent definitions can cause confusion.
Both wills should be drafted by attorneys who understand:
✔ Civil law (Costa Rica)
✔ Common law (U.S., Canada, U.K.) or other relevant legal systems
The more harmonized the language, the fewer issues for heirs.
- Avoid Duplication of Asset Distribution
One of the most common mistakes is that both wills describe the same assets.
Example of conflict:
- A U.S. will says “I leave all my real estate to my children.”
- A Costa Rican will says “I leave my Costa Rica home to my spouse.”
Result:
- Competing heirs
- Delayed probate
- Potential litigation in both countries
Each will must describe distinct assets.
- Coordinate Executors in Both Countries
You may have:
- A foreign executor
- A Costa Rican executor
These individuals must not have overlapping responsibilities.
Both should be informed of the estate plan and should:
✔ Know each other’s contact information
✔ Communicate during probate
✔ Avoid filing in both countries for the same asset
Conflicting executors are a major cause of probate delays.
- Keep Beneficiaries Consistent Across Jurisdictions
While wills can differ in asset distribution, they must not create contradictions.
Example:
❌ Conflict Scenario
- Costa Rica will: spouse inherits the house
- Foreign will: children inherit “all real estate”
✔ Correct Structure
- Costa Rica will: spouse inherits Costa Rican home
- Foreign will: children inherit real estate outside Costa Rica
You can distribute assets differently in each country; they just cannot contradict each other.
- Review Your Costa Rican Corporation Structure
If your property is owned through a Costa Rican corporation:
- the corporation stays intact
- the shares become the inheritable asset
Your wills must specify:
✔ who inherits the shares
✔ what percentage
✔ how voting rights transfer
✔ who becomes legal representative
Estate planning must match corporate structure.
A mismatch between wills and corporate books is a common—and extremely costly—problem.
- Consider Using a Trust (Fideicomiso) for Complex Estates
A trust can:
✔ Hold Costa Rican property
✔ Avoid probate
✔ Allow direct beneficiary designation
✔ Prevent conflicts between wills
However, trusts require:
- professional administration
- annual maintenance
- precise drafting
Recommended for high-value estates or blended families.
- When One Will Revokes the Other (The Most Common Mistake)
Many foreigners unknowingly revoke their Costa Rican will when they sign a new foreign will.
Typical revocation clause:
“I hereby revoke all previous wills and codicils.”
Unless modified, it cancels:
- your Costa Rican will
- your estate plan abroad
- your joint ownership designations
- your carefully structured corporate inheritance
This happens constantly and must be avoided.
- Real Scenarios (Common Expat Experiences)
Scenario A — U.S. Will Accidentally Revokes Costa Rican Will
Foreign will contains blanket revocation clause.
Costa Rican court rejects the local will.
Probate becomes more complex and slower.
✔ Solution: add jurisdiction-specific revocation language.
Scenario B — Both Wills Cover the Same Property
Children in home country claim Costa Rican property mentioned in foreign will.
Costa Rican spouse disputes distribution.
Court intervenes → probate extended.
✔ Solution: asset separation in both wills.
Scenario C — Executors in Two Countries Issue Conflicting Instructions
Foreign executor attempts to claim authority over Costa Rican property.
Costa Rica court denies standing.
Heirs confused and delayed.
✔ Solution: clarify executor duties per jurisdiction.
Scenario D — Corporation Shares Not Listed in Either Will
Heirs cannot prove ownership.
Court requires reconstruction of corporate records.
Months of delay.
✔ Solution: include corporate shares explicitly.
- Checklist: How to Prevent Conflicts Between Wills
✔ Draft a Costa Rican will limited to Costa Rican assets
✔ Draft a foreign will that excludes Costa Rican assets
✔ Modify revocation clauses to prevent cancellation of the Costa Rican will
✔ Use clear jurisdiction language in both wills
✔ Maintain consistent beneficiary designations
✔ Coordinate with attorneys in both countries
✔ Update wills after marriage, divorce, relocation, or property purchases
✔ Ensure corporate shares are addressed explicitly
✔ Inform executors of each other’s roles
Proper coordination eliminates confusion and ensures smooth inheritance.
When You Should Seek Professional Help
You need cross-border estate planning assistance if:
- You own property in Costa Rica
- You have wills in two or more countries
- You own Costa Rican real estate through a corporation
- You have a spouse and children in different countries
- You want to avoid probate delays or inheritance disputes
- You want to simplify the process for heirs living abroad
This is one of the most overlooked aspects of expat life in Costa Rica—and one of the most important.
FAQ
Does a foreign will work in Costa Rica?
Yes, but it must be validated and processed through Costa Rican probate.
Can one will cover assets in all countries?
Technically yes, but it creates delays and risk of conflict.
Do I need a Costa Rican will?
Strongly recommended if you own property here.
Can heirs in another country inherit Costa Rican property?
Yes—nationality and residency do not restrict inheritance.
What if my wills contradict each other?
Courts intervene, probate delays occur, and heirs may need litigation.
Soft CTA
If you want a Costa Rican will expertly coordinated with your home country’s estate plan—fully compatible, conflict-free, and optimized for smooth inheritance—we can structure both documents so your heirs inherit quickly, cleanly, and without stress.
